In an appeal filed in 1989 against a contempt order imposing a fine, the bench noted the appellant's non-appearance and changed address over 32 years, leading to the dismissal of the appeal for non-prosecution and revival of the fine.
Appellant failed to appear over 32 years, appeal dismissed for non-prosecution and fine order reinstated.
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Court No. - 50
Case :- CONTEMPT APPEAL No. - 2339 of 1989
Appellant :- Kumari Beena Misra Respondent :- State of U.P. and Another Counsel for Appellant :- O.P. Singh Counsel for Respondent :- A.G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajai Tyagi,J.
Despite given chance to the appellant, no one has appeared to press this appeal.
It appears from the record dated 8.11.2021 that appellantKumari Beena Misra has left her dwelling house/address which is given in the memo of appeal.
The appellant preferred this appeal challenging the order of Justice K.P. Singh in Contempt Petition No.81 of 1988.
After waiting for 32 years, we have no other option but to dismiss the appeal.
The Single Judge way back in the year 1989 had fined appellant to pay Rs.2000/-. The order dated 20.10.1989 staying the same is vacated.
In view of the above, this appeal stands dismissed for non prosecution.
Order Date :- 11.11.2021 A.N. Mishra
3 issues framed by the court
Whether contempt appeal filed in 1989 should be dismissed due to non-appearance after over 30 years.
Whether to set aside a single judgment from 1989 which imposed a fine of Rs. 2000.
Whether appeal lies for non-prosecution.
Kumari Beena Misra
State of U.P.
Kaushal Jayendra Thaker
Ajai Tyagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
